Visalia Superior Court - Penal Code section 1016.5 Motion Granted
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By
Steve Escovar
I filed and litigated another Penal Code section 1016.5 motion. My client
was previously convicted for a drug offense, a violation of Health and
Safety code section 11550(a) - a misdemeanor. After investigating the
case and evaluating the prospects for post conviction relief, we recommended
to the client to go forward with hiring us to file the motion since we
believed we had a strong and meritorious motion. At the hearing, the judge
agreed and granted the motion to vacate the conviction. I then argued
for a complete dismissal in the "interests of justice", per
Penal Code section 1385. The judge granted the motion. Case dismissed.
This dismissal allows my client to lawfully adjust his immigraiton status
and to lawfully remain in the United States. Upon hearing the judge dismiss
the case, tears filled my client's eyes. There is no better "Thank
you".
